The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-09-22
Greer County.
ACCOMPLISHMENTS OFFICE,
AUSTIN. Sentemher 12. 1887.

AUSTIN, September Is, 1887.
Hon X. NJ. Hall, Commissioner General Land
Office:
Dear Sir-Upon your official powers
and duties with relation to the state lands
of Greer county, by letter of the Sth in
slant, you ask: First-Is the commits
sioner of the general land office authorized
to have said lands surveyed? Seconds
he authorized to designate the school lands
in said county? Thirds he authorized
to sell said school lands? Fourth-Is he
authorized to lease any or all of the lands
in said county?
By reason of the complex condition of
the laws of Texas bearing on these several
questions they must be answered by the
aid of rules of construction and to some
extent out of consideration Of the prin-
ciples of public policy involved in the
subject matter.
BY chapter XIX, page Is, general laws
of Texas, passed February 25, 1879, it
was enacted: chat all the vacant and
una ppro priated public domain embraced
in the territorial limits of the county of
Greer be, and the same is hereby appropria-
ted, one-half thereof for public free schools
for the education of children in Texas,
s. s. & and the other half for the pay
ment of the state debt" And that "said
ands shall be surveyed and disposed of
for the purpose of carrying out the pro-
visions of this act in such manner as may
hereafter be provided by law"
The reservation in this act, therefore,
includes the whole of Greer county, for
all the lands in it when the law was passed
were public, vacant and unappropriated.
Analysed, the law simply means that the
lands in that county can only be applied
in equal portions for educational purposes
and for the payment of the public debt,
leaving the manner by which this may be
done to subsequent legislation. That this
act is constitutional, and that its pur-
poses could not be thwarted or infringed
even by the cOmbin cd action of the execu-
tive and the head of the land department,
has been we'll settled. DAY Land g. Cat
tie Co. VS.. The State, S. w. Rep, Vol. 4,
No. IL, p. S65.)
Now, then, has there been any legisla-
ton in aLy way affecting or providing for
the disposition of those lands so as to
carry out the purposes of their reserva--
| tom
! The acts of April II, 1888, p. So, and
/ the llnd law passed by the last leglsia
ture, general laws 1887, p. SO, contain the
only provisions that appear to bear inten-
tionally or effectually upon this subject.
The former was ito provide for the
| classification, sale, and lease of the
lands * * Is set apart for the benefit
of the common school, University, the
Lunatic, Blind, Deaf and Dumb, and Or
I phan asylum funds 1t created the
"state land board" and vested it
with and limited it to the power of man
aging, protecting, leasing and selling tho
lands appropriated for these special pur-
poses. By none of its express provisions
did it authorize the classification or lease
or sale of 'the public lands" except those
just enumerated, if they should be termed
such.
The latter (Act 1887 provides "for the
sale of all the lands X X x set apart
for the beretit of the public free schools,
the University and the several asylums,
and the lease of such lands and of the
public lands of the state" etc.
1t contemplates, on one hand, the sale
or lease of all the lands heretofore or
hereafter surveyed and set apart for the
public free schools, etc.; and on the other,
the lease only of the public lands of the
state.
To carry out the purposes and provis-
ions of this law, the commissioner of the
general land office is expressly vested with
all the power and authority necessary, and
is given full charge and direction of all
matters pertaining to the sale and lease of
said lands, and their protection from free
use and occupancy, and from unlawful en-
closure, with such exceptions and under
such restrictions as are imposed by it
and the constitution of the state. Sub
ject to the approval of the governor, he
is required to adopt such regulations, not
inconsistent with the constitution or the
act itself, as may be deemed necessary for
carrying into effect the provisions of this
law, which regulations can be amended
from time to time so as to protect the
public interest in its operation. (Sec.
2, Id
By the delegation of this authority the
law makes no distinction in its exercise
between free school and other special
Ian, s. therein named and the "public
lands"
However, two difficulties are eneoun-
tered at it's threshold, arising out of the
questions:
First-"What is meant by the public
lands of the state?"
Second-If it should be the lands men
toned i'll the acts of February 25 and
July IA, 1879, appropriated for the pay
ment of the state debt, then how, by what
authority, and according to what rule are
they to be segregated and designated with
reference 10 the other half reserved for
the school fund?
To the first question it would perhap
be sufficient answer to state that if the
legislature intended "public lands to be
limited to and mean the ''unappropriated
public domain" then a term was used
quite freely and extensively without a
practical meaning, for that class of land
is now only known to history in Texas.
The Legislature has recognized this fact by
express declaration in the act of FeSru-
ary 2,1683, p. H. Hence it follows that by
the term "public lands" used in the land
law of April l, 1887, the legislature evil
IDENTIFY meant those ct apart for the pay
ment of the state debt by said acIs of
February 25aud July IA.
Again, the act of 1887 fixed the price,
aud provides for the sale and lease of all
asylum, school and University lands
(secs. and 14), whereas it only per-
mits the lease of the "publc lands"
(Sec. 14.) The reason for this distinction
certainly is that ample provision has long